-Caveat Lector-

two steps forward and one step back...  Wonder what kind of arm-twisting
worked on the judge this time?

http://www.austin360.com/aas/news/ap/ap_story.html/Washington/AP.V4105.AP-Cheney-Energy.html

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Title: statesman.com | AP Online
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Court Halts Suit Vs. Cheney Task Force

BY PETE YOST
Associated Press Writer

WASHINGTON (AP)--The Bush administration succeeded Friday in temporarily stopping a lawsuit seeking documents about the inner workings of Vice President Dick Cheney's energy task force and its meetings with industry executives and lobbyists.

A federal appeals court indefinitely delayed Monday's deadline for the White House to produce task force documents or provide a detailed list of the documents it is withholding.

The two-page order said the court will schedule a date for arguments on whether to step into the case and consider the administration's request to put a halt to producing documents and providing testimony.

Two private groups, Judicial Watch and the Sierra Club, have sued, demanding the task force reveal documents about its meetings with industry representatives in formulating a plan that calls for expanded oil and gas drilling on public land and easing regulatory barriers to building nuclear power plants.

Government lawyers have argued the documents should be withheld because they are part of the deliberative process.

U.S. District Judge Emmet Sullivan originally sought the documents by Nov. 5, but extended the deadline.

The administration has been trying to persuade Sullivan to allow it to appeal his order to produce the documents. But Sullivan has said the administration has not shown adequate reason why he should turn the case over to the appeals court before a final judgment.

So the government is asking the appeals court for a writ of mandamus to consider the case.

Separately, the General Accounting Office, the investigative arm of Congress, is asking the task force to publicly release information about its meetings with industry executives and lobbyists.

U.S. District Judge John Bates is considering the administration's motion to dismiss the GAO lawsuit as well.

In courtroom arguments in September, Deputy Solicitor General Paul Clement said Congress has ways to seek the information other than relying on the GAO. Congress could subpoena them or seek information through the appropriations process, said Clement.

Carter Phillips, an attorney representing the comptroller general, argued that dismissing the case, as Cheney's attorney asked, would impede the GAO's ability to do its work as the investigative agency of Congress.

AP-NY-12-06-02 1926EST

Copyright 2002, The Associated Press. The information contained in the AP Online news report may not be published, broadcast or redistributed without the prior written authority of The Associated Press.


 

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